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11 Aug 2020, 10:00 am by Jonathan Holbrook
However, many authorities also recognize a third category, known as judicial dicta, to describe statements in an opinion that were not necessary to determine the matter at hand, but nevertheless express the court’s legal conclusions about an issue argued by the parties: “Judicial dictum” is a statement the court expressly uses to guide parties in their future conduct. [read post]
10 Aug 2020, 11:45 am by Monica Williamson
District Court Judge, Judicial District Court, Navajo Nation Wide. [read post]
8 Aug 2020, 4:23 am by Schachtman
In essence, the courts were taking judicial notice, based upon OSHA, that employers were knowledgeable and sophisticated about the relevant hazards. [read post]
7 Aug 2020, 1:13 pm by fvanloon
District Court for the District of Columbia against the U.S. [read post]
7 Aug 2020, 11:43 am by Alex Moss
The Federal Circuit recognized that district courts need and should exercise their discretion to deny improper sealing requests. [read post]
6 Aug 2020, 11:57 am by Eugene Volokh
McMichael, for example, the United States District Court for the Western District of Michigan held that "a commitment [for the purpose of firearm rights-deprivation] does not occur until the completion of an adversary process that results in an adjudicative decision in favor of hospitalization. [read post]
5 Aug 2020, 5:09 pm by Stuart P. Meyer
Court of Appeals for the Federal Circuit issued its second and third decisions in American Axle & Manufacturing v. [read post]
5 Aug 2020, 9:56 am by Eugene Volokh
This includes, but is not limited to providing defamatory statements and documents to third parties about Petitioner. [read post]
4 Aug 2020, 5:01 am by William Ford, Margaret Taylor
District Court for the District of Columbia for a hearing on House Republicans’ effort to enjoin the use of the proxy voting system developed to help the chamber conduct business more safely in the midst of the pandemic. [read post]
3 Aug 2020, 4:32 pm
The Birds appealed the trial court’s decision to the 11thDistrict Court of Appeals of Ohio, and the 11th District reversed that decision. [read post]
3 Aug 2020, 6:56 am by Schachtman
The disparate treatment between asbestos-containing and pharmaceutical products led to a constitutional challenge, which was rejected by a divided en banc federal district court, and then a panel of the Third Circuit.[13] During the pendency of the appeal from the en banc court, the district court entered a stay of all trials based upon Beshada’s hyperstrict liability rule. [read post]
3 Aug 2020, 4:30 am by Matthew Tokson
Of course, judicial dislike of the theory might be hard to detect--some courts might dislike the concept without going to the trouble of rejecting it. [read post]
31 Jul 2020, 5:37 pm by Arthur F. Coon
“The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. [read post]
31 Jul 2020, 6:30 am by Guest Blogger
  Mark Tushnet has contributed as much as anybody to the introduction of critical theory into legal scholarship, and yet for the first two-thirds of his new book he provides a master narrative of the jurisprudence of the Roberts Court from the perspective of his critical realism. [read post]
30 Jul 2020, 11:01 pm by Michael Froomkin
Florida’s system uses appointment plus retention elections for Supreme Court Justices and District Court of Appeal Judges, but not for trial courts. [read post]
29 Jul 2020, 9:05 pm by Richard J. Pierce, Jr.
Third, in Department of Homeland Security v. [read post]
29 Jul 2020, 5:04 pm by Josh Blackman
Kavanaugh's idea—presented to the justices in an internal memo and conversations, sources said—would have had the high court avoid the subpoena fight over Trump financial documents, based on the judicial principle that courts should stay out of cases involving fundamentally political questions. [read post]